5440.1 The applicant and one or more ANCs that have protested, or would have standing to protest, an application pursuant to the Act or this title may, at any time, negotiate a settlement and enter into a written settlement agreement setting forth the terms of the settlement.

5440.2 The signatories to the agreement shall submit the agreement to the Board for approval. A settlement agreement, amendment to a settlement agreement, or cancellation of a settlement agreement shall not be effective until the Board issues a written Order approving the proposed settlement.

5440.3 All provisions of a settlement agreement approved by the Board shall be enforceable by ABCA or the Board unless prohibited by the Act or this chapter.

5440.4 A settlement agreement not approved by the Board shall not be enforced by ABCA or the Board.

5440.5 Unless a shorter term is agreed upon by the parties, a settlement agreement shall run for the term of a license, including renewal periods, unless it is terminated or amended in writing by the parties and the termination or amendment is approved by the Board.

5440.6 The terms of a settlement agreement submitted by the parties shall be consistent with District of Columbia law, typed, and in compliance with the Act and this title.

5440.7 A settlement agreement submitted to the Board shall include the form provided by the Board that shall be deemed part of the agreement and at a minimum:

(a) Identify all parties to the agreement;

(b) Contain the contact information for all parties; and

(c) Contain the signatures of all parties.

5440.8 When the parties file an additional settlement agreement or amendment to an existing settlement agreement, the Board may, before considering the agreement or amendment, require the parties to cancel all prior agreements and consolidate all intended settlement terms into one comprehensive document before approval.

SOURCE: Final Rulemaking published at 73 DCR 002136 (February 20, 2026).